NewsLetter

Industrial Diseases

Introduction

In order to receive compensation under the original workers' compensation program, a worker needed to show that the injury or illness was caused by an "accident," and could be denied benefits under the state's workers' compensation program if there was no particular "event" to which the worker could point as the cause of the illness. However, as it became more apparent that many illnesses are caused by the conditions or environment of the workplace, industrial diseases began to be recognized as compensable injuries.

Challenges

Unlike injuries that are caused by a specific event, industrial diseases often present numerous challenges to the system.

Conclusion

Many of the issues surrounding appropriate compensation for workers who claim their injuries or illness are the result of their work environment are controversial. While some issues are fairly settled, many more may take years before they become settled issues of law.

Checklist: Industrial Disease

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Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.